Grieving family urges judge not to jail drink-driver over crash which killed his mate

Relatives of a man killed in a car crash have taken the extraordinary step of asking a court not to jail the drink-driver involved.

Scott Alksne, 27, pleaded guilty to causing the death of his friend Nick McKenzie, 31, by dangerous driving last February.

The Adelaide District Court heard the pair had been drinking at a buck's party and took swags so they could stay the night.

It was told Mr McKenzie's father telephoned to ask him to get home to help on his farm in the morning, so he asked Alksne to drive him home without telling him why.

Alksne rolled the car on a dirt road at Tooperang on the Fleurieu Peninsula and Mr McKenzie later died from his injuries.

The driver's blood-alcohol reading was estimated to be no lower than 0.11, more than twice the legal limit.

He wants to take full responsibility for what was the worst decision in his life. He didn't appreciate how intoxicated he was

Lawyer Martin Anders

In victim impact statements, Mr McKenzie's parents, wife and brother told the court it would be like losing another son, friend and brother if Alksne were jailed.

They said he too was suffering the loss of his friend and a suspended prison sentence would be an appropriate punishment.

Alksne's lawyer Martin Anders told the court the family had shown tremendous generosity of spirit in accepting what was a massive error of judgment.

"It was not due to excessive speed, erratic driving, taking drugs ... it is all down to a massive error of judgment related to alcohol," he said.

"The accused drove when he never should have. He left the road, with tragic consequences."

"The expectation was that both would drink then stay the night and drive home when sober in the morning. He wants to take full responsibility for what was the worst decision in his life. He didn't appreciate how intoxicated he was."

Driver failed to wear seat belt

Mr Anders said Mr McKenzie normally wore a seat belt but was not that night and that too could be put down to intoxication.

"Following the accident, the defendant did all that he could, he called the authorities, he called Nick McKenzie's parents, he called his partner, he stayed at the scene, he did all that he could to help his friend," the court heard.

"He took full responsibility and he does to the current day. He has faced up to his fault."

Mr Anders said Alksne was young, hard-working and well-respected and had taken on Mr McKenzie's responsibilities on the family's dairy farm.

He told the court Alksne's contrition, early guilty plea, good character, age, the unlikeliness of reoffending and the wishes of the family of the deceased were good reasons for an expected sentence of imprisonment to be suspended.

"There is much to enliven a compassionate approach here, the court was told.

Prosecutor Patrick Hill said suspension was within the court's discretion but the offence was serious.

"The decision to drive with as much alcohol on board as the defendant had was an incredibly dangerous one, especially on unsealed roads at night time," he said.